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HomeMy WebLinkAbout0463 1~ • . . . t 1Lis modgage is tnade, howeva, subject to th~ follo~ring covrnants, conditiau and agreements: FIRST: 'I~ut the mortgagor hereby ~agrees and co~rnants to pay the intcrest and ptinci~al hcteby xcutcd pcompcty ~vhen dae and if default be made i~ any part thereof, or in the payment of any other monia 1x«by secur~d, ~rn ~ sacpe sluH, without dunand if moctgagct shall elect, bcc«ne due and payable at once and the mortgage mzy be forecloscd in the manner provided bq li~?. SF.COND: '17~at the mortgagor agrees to pay u the ume become du~ and payabk all taxa, assessments. and othec chuges innposcd by la~r (induding ditch, canal, reservoir, or other water charges, taxes, or auc»+iK~?U} u~:,n said prenuses or my pact thereof including the mo~tgagce's interest therei~ and upon this mortgage or the note or indebtedaess sccuced hereby. provided that should the amounts pa~d for the mortgagee under this ~aragraph for such taxa, assesunen~s and othec chuges together with the interest on the ~ndebtedness cucecd the h~ghat mterat ntepe rmitted by law on tht indebtedness then owing, mortgagoc shall not be liabk to pay any of such excess over the highest lawfui nte. In the e~rnt of the pusage, after the date hercof, of any law bp thc State of Florida, deducting from the ~alue of land for the purpose of taxation any lirn thereon or changing in any way the existing laws for the taxation of mortgages ~r debts secured by mort- gage for stite or localpurpoxs , oc the manncr of the collcrtion of any wch taxes, so u co afF~cc ch~s mortgage, the holder of this modgage and of d'~e debt which it secures; shal! have the right to gi~•e six (6) rtwnths' writtrn notice to the owner of said land requinng thep~v~ment of the rntirc indebtednas secured hcreby, and it is hcreby agreed that if s~xh notice be givrn the said in~ebtedness sha11 become due, and mllectible at the rxpiration of said six (6) months. . 'TyIRD; ~at the mortgagor agcres to pay all ahcr debts that are now or ma~ brcome liens upon or charges agaenst uid premises, and not to permd anq 1irn of an} kind to accrue and remzin on said pcemises, or the impro.ements thereon, which mi~ht t~lce prccedrnce ovec the lirn of this mortgage: 'Ihe mort$agor further agrees not to crcate any lirn on said premisa ~unior heteto unkss the pason rntitkd to the benehts thereof shaii have agreed that the time for the payment of the indebtcdness heceby secuted md the manncr and amarnt ofpa y~nxnt th~reo~ and the bene6ts of ttu secunty affordcd heceby may, without consent of wch person and without any oWigation to gi~e notice of any kind th~reto, be txtrnded, reextended. ueelecated, s~uprnded and refunded o~ zny ternu whatsoe~er w~thout in any manner affecting the priority of the lirn hereby created u secucity for the paymrnt of the indebtedness secured hereby or any obligation subst~tuted therefor or issucd to nfynd same. ' I FpURTH: 'I7ut th~ mort,gagor agrces to keep said prcmises and impro.ements thercon in good condition and repair ; and aot to commit or su~er wiste dxreof; to operate all lands, whether ~mpro~ed pastura, orchards, grazing, timber, or f crop lands, in a good and husbandmanlike manner in ucordance with accepted principles of sound agricultunl and forestry E pract~ces; to take all rcsso~uble prerautions to control wind and water cros~on: to fert~liu improved pastura, if any, where ~ nccessary to maintain a good stand of desirable gnsses; to protect orchirds and timber, if any, by rcasonable precautions ~ against loss or damage by fite including the maintenance of apptopriate fice brcal:s; and neither to remo~•e not permit the rano~al of aay timber, bu~ldings, oil, gu, mineral, ston~, roclc, day, fertilizer, gra~•el or top soi{ without the pnor written ~ consent of the mortgagee. 'I7~e mod$a$ee shz~~ ha~~ d?e right to insp~ct thc mort$a$cd property at such reasonable times and intecvals u ihe mortgagce may des~re, to determinc the mortgagor's compliance with the co~rnants containcd in anq gag clause of this modgag~. FIFTH: 'I~at the mortgagor aRrees to procure, maintain and deli.er, premiums paid, to the mortgagee policies of ~ insurance against wch hazatds on the buildings now or hereafter located on sa~d premises as the mortgagee may from time ta timt rcquite. in such tompanies and "en such amount and form and with suth loss payable dauses u shall be satisfu- tory to the modgagee• 'I~e mort$a$ee ~s authoriud to assign and delicer said policia to any purchaser of this mortgaRe or to the purchaser of sa~d ptnmises at any foreclowre sa~e. In c~rnt of loss the mortgagee is e~cpresslv authorized and em- powered to settle or compromise claims under uid policies. and the proceeds from sa~d pol~aa u well u any other policia ~ procured by che mortgagor shzll be ~d to the mortgagee who at its sole discretion may apply same or any part thcreof on s 1 pa accoant of the indebtedness secvrcd herebv whetlx~ or not then due and p~sable, or may applp the same or any part thereof towards the altetation, taonsiruction or repair of said buildings, either t~ the pc~rtion dama~ed or any other (x~rtion thereof, • or te(ease same to the mortRagoc. Such appluation or release sh~ll not cure or wai~e any default or notice of default here- under or invalidate any act done pursuant to wch notice_ ; $IXTH: Tlut in the evrnt the mortgagor s}ull fail to procure, miintiin and deli~er the inwrance policies, premiums : ptepaid, or to pay, u the same become due and payable, any tax or assessment impased by law upon said premises or an~ ~ ~ pad thereof, oc the note, or indebtedness secured hereby°, or to pav any lien, claim or charqe against such premises which ~ m~ght take precedence over the lirn of this mortgage or to camply w~th the pro.~s~ons of paraRraph Fcwrth hereof, the : mortgagte rtuv, w~thout notice or demand, insure an} ~f the buildinRs and pa~ the cost of such insurance and pay any af said tua, asxssmrnts, lirns, claims and charges_ or any part thermf, or redecm from the sale of said pcemises for anq ~ tues or assessmet?ts (irrcgularities in the levy or imposit~on of any tax or usessment beinR eapressly waived), or tedetm ~ fran the sale of said premisa resulting from the mforccment of an~ wch lien. claim or charqe, or exDend such sums as tnay be necessarv to corre+ct the ftilure of the mortqagor to complv with the pro~•isions of said paragraph Fourth, and the . mottgagor herebq agrees immediatel' to repay to the mort~aqee, without notice or demand. anv sums so mid with interest . ~K ~ thereon at the sune rate u specibed in the note secured hereby on the principil thereof afta default and maturitv, and all ~ sums paid bv the mortgagee w~th interest shall become a p~rc of the indebtedness secuted herebv, and in default of f imtne~iate npavment thereof bq the mortgagor the whole indebtedness secured hereby shall at the option of the moctgagee _ become due and piyable forthwith withoat notice. ; ; $EVENTH: 'I'hat in the event the mortgagor sells or ccmveys said premises, or any portion thereof, or, if the . ~ ; mortgagor is a corporation, sells, trades or disposes of more than ................96 of its corporate stock to persons other _ ~ the present owners, their heirs and quili6ed dirators prior to the time the indebtedness secured hereby shall have been ~ ~ reduced to Os 00 then. at the option of the mortgigee. the rntire uid indebtcdness shall become due and piqable. EIGHTH: "Iliat the mortgagor agrees to pay on dem~nd all expenses and attorneys' fees incvrced by the mortgagee by reason of litigation or legal proceed~nqs ~n wh~ch the mortgaget is made a party to protect the lien of this modgagt and all moneys so paid bp the mortgagee. ~nclu~ing any e:prnse ~ncnrred in procuring or continuing abstruts of title and titk policia and search~ng the records for the purposes of wch litigation, shall bear interest at the same nte u sp~cifiod in the ~ ~ ~ ~.VU ~ ~ BQGR eac-~ ~ ~ ~ ~ _ - - _ .